Juridical Dictionary

This dictionary contains:
8526
juridical terms

Posse comitatus






Posse comitatus

These Latin words signify the power of the county.

RELATED TERMS
--------------------------------------

Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.

County
Originally, a province governed by a count, - the earl or alderman to whom the government of the shire was entrusted. 1 Bl. Com. 116.



SIMILAR TERMS
--------------------------------------

Posse
This word is used substantively to signify a possibility. For example, such a thing is in posse, that is, such a thing may possibly be; when the thing is in being, the phrase to express it is, in esse.

Possessed
This word is applied to the right and enjoyment of a termor or a person having a term, who is said to be possessed, and not seized.

Possessio fratris
The brother's possession. This is a technical phrase which is applied in the English law relating to descents. By the common law, the ancestor from whom the inheritance was taken by descent, must have had actual seisin of the lands, either by his own entry, or by the possession of his own, or his ancestor's lessee for years, or by being in the receipt of rent from the lessee of the freehold. But there are qualifications as to this rule, one of which arises from the doctrine of possesio fratris. The possession of a tenant for years, guardian or brother, is equivalent to that of the party himself, and is termed in law possessio fratris.

Possession
International law. By possession is meant a country which is held by no other title than mere conquest.

Possessor
He who holds, detains or enjoys a thing, either by himself or his agent, which he claims as his own.

Possessory action
Old English law. A reall action in which the plaintiff called the demandant, sought to recover the possession of lands, tenements, and hereditaments. On account of the great nicety required in its management, and the introduction of more expeditious methods of trying titles by other actions, it has been laid aside.

Possessory liens
At common law, the right of a bailee to retain property in his possession belonging to another until certain claims of the bailee in possession are satisfied. The common carrier thus had a possessory lien for freight (supra), which was strictly possessory and was lost when the cargo was delivered unconditionally. This lien was recognized by English admiralty law, as well as the possessory liens of salvors and repairmen. Possessory liens are also recognized in the United States. The civil law equivalent of the possessory lien is the right of retention.

Possibility
An uncertain thing which may happen; or it is a contingent interest in real or personal estate.



PREVIOUS AND NEXT TERMS
--------------------------------------

Port-reeve
English law. In some places in England an officer bearing this name is the chief magistrate of a port-town.

Portsales
Auctions were anciently so called, because they took place in ports

Positive
Express; absolute; not doubtful. This word is frequently used in composition.

Positive law
Positive law, as used in opposition to natural law, may be considered in a threefold point of view. 1.) The universal voluntary law, or those rules which are presumed to be law, by the uniform practice of nations in general, and by the manifest utility of the rules themselves. 2.) The customary law, or that which, from motives of convenience, has, by tacit, but implied agreement, prevailed, not generally indeed among all nations, nor with so permanent a utility as to become a portion of the universal voluntary law, but enough to have acquired a prescriptive obligation among certain states so situated as to be mutually benefited by it. 3) The conventional law, or that which is agreed between particular states by express treaty, a law binding on the parties among whom such treaties are in force.

Posse
This word is used substantively to signify a possibility. For example, such a thing is in posse, that is, such a thing may possibly be; when the thing is in being, the phrase to express it is, in esse.

Posse comitatus

Possessed
This word is applied to the right and enjoyment of a termor or a person having a term, who is said to be possessed, and not seized.

Possessio fratris
The brother's possession. This is a technical phrase which is applied in the English law relating to descents. By the common law, the ancestor from whom the inheritance was taken by descent, must have had actual seisin of the lands, either by his own entry, or by the possession of his own, or his ancestor's lessee for years, or by being in the receipt of rent from the lessee of the freehold. But there are qualifications as to this rule, one of which arises from the doctrine of possesio fratris. The possession of a tenant for years, guardian or brother, is equivalent to that of the party himself, and is termed in law possessio fratris.

Possession
International law. By possession is meant a country which is held by no other title than mere conquest.

Possessor
He who holds, detains or enjoys a thing, either by himself or his agent, which he claims as his own.

Possessory action
Old English law. A reall action in which the plaintiff called the demandant, sought to recover the possession of lands, tenements, and hereditaments. On account of the great nicety required in its management, and the introduction of more expeditious methods of trying titles by other actions, it has been laid aside.

We thank you for using the Juridical Dictionary to search for Posse comitatus. If you have a better definition for Posse comitatus than the one presented here, please let us know by making use of the suggest a term option. This definition of Posse comitatus may be disputed by other professionals. Our attempt is to provide easy definitions on Posse comitatus and any other medical topic for the public at large.
 


This dictionary contains 8526 terms.